Setting the town straight on North Carolina beach dispute

The dry beach takings case of Nies v.Town of Emerald Isle, described more fully here, continues to generate debate in North Carolina. Recently, the Manager of Defendant Town of Emerald Isle published an article criticizing the Nies’ s view of the … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet … Continue reading

President’s weekly report — October 16, 2015

Public trust doctrine in Indiana We filed this amicus brief in Gunderson v. Indiana, a case where the state and local governments are asserting a public trust in land between Lake Michigan’s water line and a new, and largely fictional, … Continue reading

President’s weekly report — July 24, 2015

A complaint that a four-year old could file? We filed this complaint in Oakland’s mandatory art fee case, Building Industry Association of the Bay Area v. City of Oakland.  The premise is simple — the City wants to be more … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

State and local Indiana governments are hungry

The shoreline of the Great Lakes has given rise to many interesting property rights disputes between property owners and hungry governments looking to take private property without obeying the Constitution. Add the case of LBLHA, LLC, v. Town of Long Beach, Indiana, to that … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Star Wars Episode VI.I: Anti-development Strikes Back

When Luke Skywalker crash-landed on Yoda’s swampy planet, Luke turned to R2D2 and said, “If you’re saying that coming here was a bad idea, I’m starting to agree with you.” George Lucas may be starting to feel the same regret about the location … Continue reading